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District court erred by granting summary judgment against claim for retaliation under 42 U.S.C. § 1981.  Pipefitter timely sued within four year deadline after being informed of his termination.  Evidence employer transferred him to dead end project in retaliation for complaining outside statute of limitations was background to show a retaliatory motive for the termination. ...

U.S. Ninth Circuit Court of Appeals Second petition to remove case from state to federal court was timely, because defendants filed it within 30 days after federal court denied first petition and remanded case to state court; time did not start running when plaintiff filed first amended complaint in federal court.  Defendants could remove case...

U.S. Supreme Court District court did not err by allowing FLSA overtime pay class representatives to use an expert's opinion about how long it took over 3,000 putative plaintiffs to don and doff safety gear at a Tyson pork factory.  The expert arrived at an average time the employees took to put on and take...

U.S. Ninth Circuit Court of Appeals District court appropriately granted summary judgment against retaliation claim, because former employee did not offer specific and substantial evidence employer's legitimate reason for her termination - insubordination - was pretext for retaliation. California law did not protect former employee's refusal to sign form stating internal company investigation was confidential....

U.S. Ninth Circuit Court of Appeals Acting general counsel for National Labor Relations Board could not authorize agency's request for injunction against employer, because President improperly appointed him when President also nominated him for a permanent position.  Hooks v. Kitsap Tenant Support Servs., 2016 U.S. App. LEXIS 4246 (9th Cir. March 7, 2016). District court...

U.S. SUPREME COURT The Employer Retirement Income Security Act preempts state law requiring self-insured health care plans to report payment of claims and other data relating to health care plans.  Gobeille v. Liberty Mutual Ins. Co., 2016 U.S. LEXIS 1612 (March 1, 2016). U.S. NINTH CIRCUIT COURT OF APPEALS Employer waived right to contest withdrawal...

NINTH CIRCUIT COURT OF APPEALS District court properly granted summary judgment against federal retaliation claim, because former employee failed to raise genuine issues of material fact whether employer took adverse employment actions because she reported another employee showing her a racist video at work, and whether the reasons her employer offered for its actions were...

U.S. Ninth Circuit Court of Appeals District court properly granted summary judgment against disability discrimination claim, because former employee's Hepatitis C was not a physical disability, it was asymptomatic and limited no major life activity and employee did not present evidence that the employer perceived him as limited in a major life activity.  District court...

U.S. Ninth Circuit Court of Appeals District court improperly dismissed federal discrimination claim, because letter and draft complaint sent by employee's counsel was a timely filed charge.  Jones v. Scorpio Gold (US) Corp., 2016 U.S. App. LEXIS 2565 (9th Cir. Feb. 12, 2016). District court properly granted summary judgment against retaliation claim under Energy Reorganization...

U.S. District Court, District of Hawaii District court granted summary judgment against federal disability discrimination and state whistleblower act claims, because former employee admitted he had no impairment that substantially limited a major life activity and the employer did not fire him, wrongfully transfer him or subject him to any other adverse employment action.  Whitaker...